alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
404 A.2d 1351

#### Commonwealth v. Sims, Appellant.

Submitted October 26, 1978.

John R. Cook, Assistant Public Defender, for appellant; Charles W. Johns, Assistant District Attorney, for Commonwealth, appellee.

Before PRICE, HESTER and LIPEZ, JJ.

The order of the court below is affirmed.
1

EPA Region 9 SIP COMPLETENESS CHECKLIST

To evaluate compliance with 40 CFR 51, Appendix V

Submittal Date September 30, 2013

District Name El Dorado AQMD

Date Reviewed November 14, 2013

EPA Reviewer R. Marinaro

Key:

C = Complete

I = Incomplete

N/A = Not Applicable To Rule

O = Material Missing

 

RULE #: 

EPA

450/2-78

-015

EPA

450/2-77

-022

EPA

450/2-78

-033

ADMINISTRATIVE MATERIALS (per Appendix V, Section 2.1)

(a) Submittal letter from Governor/designee C C C

(b) Evidence of adoption C C C

(c) State/District legal authority to adopt C C C

(d1) Copy of actual rule/plan N/A N/A N/A

(d2) Rule changes indicated by underline/cross-out N/A N/A N/A

(e) Proof that action met procedural requirements C C C

(f) Copy of public notice C C C

(g) Certification that hearing fulfilled public notice C C C

(h) Public comments & agency response C C C

 

TECHNICAL SUPPORT (per Appendix V, Section 2.2)

(a) Regulated pollutants identified C C C

(b) Affected sources & attainment status identified C C C

(c) Rule/plan emissions impact C C C

(d) Attainment, PSD & other required demonstration N/A N/A N/A

(e) Modeling support as appropriate N/A N/A N/A

(f) Reliance on continuous emission reductions N/A N/A N/A

(g) Evidence of limits & other needed requirements C C C

(i) Justification for deviation from EPA policy N/A N/A N/A

OVERALL COMPLETENESS C C C

Notes::
# EUR-Lex - 12004V/AFI/DCL/28 - EN

Important legal notice

*|*

# 12004V/AFI/DCL/28

**Treaty establishing a Constitution for Europe - FINAL ACT - A.Declarations concerning provisions of the Constitution - 28.Declaration on Article IV-440(7) **

*
Official Journal 310 , 16/12/2004 P. 0463 - 0463 *

28. Declaration on Article IV-440(7)

The High Contracting Parties agree that the European Council, pursuant to Article IV-440(7), will take a European decision leading to the modification of the status of Mayotte with regard to the Union in order to make this territory an outermost region within the meaning of Article IV-440(2) and Article III-424, when the French authorities notify the European Council and the Commission that the evolution currently underway in the internal status of the island so allows.

--------------------------------------------------
# EUR-Lex - 12004V332 - EN

Important legal notice

*|*

# 12004V332

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE VI — THE FUNCTIONING OF THE UNION - CHAPTER I — PROVISIONS GOVERNING THE INSTITUTIONS - Section 1 — The institutions - Subsection 1 — The European Parliament - Article III-332 **

*
Official Journal 310 , 16/12/2004 P. 0151 - 0151 *

Article III-332

The European Parliament may, by a majority of its component Members, request the Commission to submit any appropriate proposal on matters on which it considers that a Union act is required for the purpose of implementing the Constitution. If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.

--------------------------------------------------
Proposed Rule: Mandatory Reporting of Greenhouse Gas Emissions 

Meeting Documentation Date Staff Contact 

Information (Name, email, phone #) 

Name of Organization (Attach list of all attendees names and emails if possible) 

Summary of Discussion (e.g., applicability, reporting requirements, etc.) 

Written Comments Provided? Did they alssubmit to D

04/23/2008 Email Correspondence 

Marian Van Pelt, ICF International, mvanpelt@icfi.com 202-862-1129 on behalf of EPA under Contract EPW-07-068, Task Order 68 

Robert Russell RJR Consulting rjrussell1280@msn.com

(614) 322-9450 

1. First some specific import information 

on HFC-containing foam imports: 

XPS Boardstock: HFC-134a, 20 MM bd-ft. imported (10% of total import quantity of XPS). XPS Sheet: HFC-152a, 2 MM bd-ft. imported PU & PIR Boardstock: nil, zero imported PU Rigid, Domestic Refrigeration: HFC-245fa, 36 MM bd.-ft. PU Spray Foam: nil, zero Commercial Refrigeration: HFC-245fa, 5 MM bd.-ft. PU Rigid Sandwich Panels: HFC-134a, 3 MM bd.-ft. 

N/A
§ 260.104 Personnel. The establishment management shall be responsible for taking all precautions to assure the following: ( a ) *Disease control.* No person affected by disease in a communicable form, or while a carrier of such disease, or while affected with boils, sores, infected wounds, or other abnormal sources of microbiological contamination, shall work in a food plant in any capacity in which there is a reasonable possibility of food ingredients becoming contaminated by such person, or of disease being transmitted by such person to other individuals.
( b ) *Cleanliness.* All persons, while working in direct contact with food preparation, food ingredients, or surfaces coming into contact therewith shall: ( 1 ) Wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygenic practices while on duty, to the extent necessary to prevent contamination of food products.
( 2 ) Wash and sanitize their hands thoroughly to prevent contamination by undesirable microorganisms before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated.
( 3 ) Remove all insecure jewelry and, when food is being manipulated by hand, remove from hands any jewelry that cannot be adequately sanitized.
( 4 ) If gloves are used in food handling, maintain them in an intact, clean, and sanitary condition. Such gloves shall be of an impermeable material except where their usage would be inappropriate or incompatible with the work involved.
( 5 ) Wear hair nets, caps, masks, or other effective hair restraints. Other persons that may incidentally enter the processing areas shall comply with this requirement.
( 6 ) Not store clothing or other personal belongings, eat food, drink beverages, chew gum, or use tobacco in any form in areas where food or food ingredients are exposed or in areas used for washing equipment or utensils.
( 7 ) Take any other necessary precautions to prevent contamination of foods with microorganisms or foreign substances including, but not limited to perspiration, hair, cosmetics, tobacco, chemicals, and medicants.
( c ) *Education and training.* Personnel responsible for identifying sanitation failures or food contamination should have a background of education or experience, or a combination thereof, to provide a level of competency necessary for production of clean wholesome food. Food handlers and supervisors should receive appropriate training in proper food-handling techniques and food-protection principles and should be cognizant of the danger of poor personal hygiene and unsanitary practices, and other vectors of contamination.
[36 FR 21041, Nov. 3, 1971]
a. Assumed Pit/Mound (above). The assumed 

pit/mound represents the typical configuration and 

maximum likely dimensions of an overturning alteration 

to the cross section. It is provided as a standard basis for 

scour analysis.

b. Potential Pit (above). The potential pit is the total 

cross sectional area subject to loss on overturning. 

Because the direction of overturning may not be known 

in advance of overturning, the potential pit must account 

for overturning in any possible direction. It is provided 

as a means to determine whether or not overturning 

alone, without consideration for scour, would impact the 

prism.

Maximum Plant Height

(in feet, at maturity or as maintained) < 10 10-20 20-30 30-40 40-60 60-80 80-100 >100

Depth (D)

NA

2 3 4 5 6 7 case

by

case

Length/Height (2D) 4 6 8 10 12 14

Width (3D) 6 9 12 15 18 21

c. Pit/Mound Dimension Values (above, in feet). Pit/mound dimensions other than the above may be considered 

for situations in which (a) the variance request presents reliable supporting information or (b) the ATR team deems 

it appropriate based on specific conditions.

Enclosure 3, Figure 2: Pit/Mound Topography. The cross sections above assume no slope and must be adapted 

to actual slope conditions.
# EUR-Lex - 12002E258 - EN

Avis juridique important

*|*

# 12002E258

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 3: The Economic and Social Committee - Article 258 - Article 194 - EC Treaty (Maastricht consolidated version) - Article 194 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0136 - 0136 Official Journal C 340 , 10/11/1997 P. 0283 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0068 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 3: The Economic and Social Committee

Article 258

Article 194 - EC Treaty (Maastricht consolidated version)

Article 194 - EEC Treaty

Article 258

The number of members of the Economic and Social Committee shall not exceed 350.

The number of members of the Committee shall be as follows:

>TABLE>.

The members of the Committee may not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the general interest of the Community.

The Council, acting by a qualified majority, shall determine the allowances of members of the Committee.
§ 29.95 What additional information must be included if I am proposing geophysical exploration? If you propose to conduct geophysical exploration, you must submit the information requested on FWS Form 3-2469, including, but not limited to: ( a ) A map showing the positions of each survey line including all source and receiver locations as determined by a locational survey, and including shot point offset distances from wells, buildings, other infrastructure, cultural resources, and environmentally sensitive areas;
( b ) The number of crews and numbers of workers in each crew;
( c ) A description of the acquisition methods, including the procedures and specific equipment you will use, and energy sources (*e.g.,* explosives, vibroseis trucks);
( d ) A description of the methods of access along each survey line for personnel, materials, and equipment; and
( e ) A list of all explosives, blasting equipment, chemicals, and fuels you will use in the proposed operations, including a description of proposed disposal methods, transportation methods, safety measures, and storage facilities.
§ 665.142 Permits. ( a ) *Applicability.* ( 1 ) The owner of any vessel used to fish for lobster in Permit Area 3 must have a permit issued for that vessel.
( 2 ) The owner of any vessel used to fish for deepwater shrimp in Crustacean Permit Area 3 must have a permit issued for that vessel.
( b ) *General requirements.* General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in § 665.13.
( c ) *Application.* An application for a permit required under this section will be submitted to PIRO as described in § 665.13. If the application for a limited access permit is submitted on behalf of a partnership or corporation, the application must be accompanied by a supplementary information sheet obtained from PIRO and contain the names and mailing addresses of all partners or shareholders and their respective percentage of ownership in the partnership or corporation.
Editorial Note on Part 679
Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012.

§ 679.50 Applicability. ( a ) *General.* ( 1 ) The operator of a vessel designated or required to be designated on a Federal fisheries permit (FFP) under § 679.4(b); the operator of a processor designated or required to be designated on a Federal processor permit (FPP) under § 679.4(f)(1) or a Registered Buyer permit under § 679.4(d)(3); and the operator of a vessel used to harvest IFQ halibut, CDQ halibut, or IFQ sablefish must comply with this subpart. The owner of a vessel or a shoreside processor must ensure that the operator or manager complies with this subpart.
( 2 ) *Exceptions.* A catcher vessel is not subject to the requirements of this subpart when delivering unsorted codends to a mothership.
( 3 ) For purposes of this subpart, halibut means CDQ and IFQ halibut.
( b ) [Reserved]
[77 FR 70091, Nov. 21, 2012, as amended at 83 FR 30532, June 29, 2018]
II 

118TH CONGRESS 

1ST SESSION S. 523 

To amend the Employee Retirement Income Security Act of 1974 to permit 

retirement plans to consider certain factors in investment decisions. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Ms. SMITH (for herself, Mrs. MURRAY, Mrs. FEINSTEIN, Mr. BLUMENTHAL, 

Mr. DURBIN, Ms. WARREN, Mr. SANDERS, Mr. WYDEN, and Mr. MARKEY) introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Employee Retirement Income Security Act 

of 1974 to permit retirement plans to consider certain 

factors in investment decisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Invest in 

5 a Sustainable Future Act’’. 

6 SEC. 2. ERISA AMENDMENTS. 

7 Subsection (a) of section 404 of the Employee Retire8 ment Income Security Act of 1974 (29 U.S.C. 1104) is 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 523 IS

1 amended by adding at the end the following new para2 graph: 

3 ‘‘(3)(A) Provided that a fiduciary discharges the fidu4 ciary’s duties with respect to a plan in a manner otherwise 

5 consistent with this subsection, a fiduciary may— 

6 ‘‘(i) consider environmental, social, governance, 

7 or similar factors, in connection with carrying out an 

8 investment decision, strategy, or objective, or other 

9 fiduciary act; and 

10 ‘‘(ii) consider collateral environmental, social, 

11 governance, or similar factors as tie-breakers when 

12 competing investments can reasonably be expected to 

13 serve the plan’s economic interests equally well with 

14 respect to expected return and risk over the appro15 priate time horizon. 

16 ‘‘(B) In a case described in clause (i) or (ii) of sub17 paragraph (A), a fiduciary shall not be required to main18 tain any greater documentation, substantiation, or other 

19 justification of the fiduciary’s actions relating to such fi20 duciary act than is otherwise required under this part. 

21 ‘‘(C) Nothing in this part shall preclude an invest22 ment selected in accordance with clause (i) or (ii) of sub23 paragraph (A) from being treated as a default investment 

24 or a component of such a default investment (as described 

25 in regulations issued by the Secretary under subsection 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 523 IS

1 (c)(5)(A)), if such investment would otherwise qualify for 

2 such treatment under such regulations.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
# EUR-Lex - 12004V025 - EN

Important legal notice

*|*

# 12004V025

**Treaty establishing a Constitution for Europe - PART I - TITLE IV — THE UNION'S INSTITUTIONS AND BODIES - CHAPTER I — THE INSTITUTIONAL FRAMEWORK - Article I-25 **

*
Official Journal 310 , 16/12/2004 P. 0021 - 0021 *

Article I-25

Definition of qualified majority within the European Council and the Council

1. A qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.

A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.

2. By way of derogation from paragraph 1, when the Council does not act on a proposal from the Commission or from the Union Minister for Foreign Affairs, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union.

3. Paragraphs 1 and 2 shall apply to the European Council when it is acting by a qualified majority.

4. Within the European Council, its President and the President of the Commission shall not take part in the vote.

--------------------------------------------------
<PAGE>


                                                                    EXHIBIT 99.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

     I, DR. DENNIS D. KEISER, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF INTREPID
TECHNOLOGY & RESOURCES, INC., (THE "COMPANY"), DO HEREBY CERTIFY, PURSUANT TO 18
U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002, THAT, TO MY KNOWLEDGE:

   (a) THE QUARTERLY REPORT ON FORM 10-QSB OF THE COMPANY FOR THE QUARTER ENDED
MARCH 31, 2003, AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE
"REPORT"), FULLY COMPLIES WITH THE REQUIREMENTS OF SECTION 13(a) OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934; AND

   (b) THE INFORMATION CONTAINED IN THE REPORT FAIRLY PRESENTS, IN ALL MATERIAL
RESPECTS, THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF THE COMPANY.


DATED: MAY 13, 2003

/s/ DR. DENNIS D. KEISER



-----------------------------------------------------

DENNIS D. KEISER
PRESIDENT AND CHIEF EXECUTIVE OFFICER
Editorial Note on Part 660
Editorial Note: Nomenclature changes to part 660 appear at 67 FR 65906, Oct. 29, 2002, 88 FR 81358, Nov. 22, 2023.

§ 660.411 Notification and publication procedures. ( a ) *Notification and effective dates.* ( 1 ) Annual and certain other actions taken under §§ 660.408 and 660.410 will be implemented by an action published in the Federal Register, and will be effective upon filing, unless a later time is specified in the action.
( 2 ) Inseason actions taken under § 660.409 will be by actual notice available from telephone hotlines and USCG broadcasts, as specified annually. Inseason actions will also be published in the Federal Register as soon as practicable. Inseason actions will be effective from the time specified in the actual notice of the action (telephone hotlines and USCG broadcasts), or at the time the inseason action published in the Federal Register is effective, whichever comes first.
( 3 ) Any action issued under this section will remain in effect until the expiration date stated in the action or until rescinded, modified, or superseded. However, no inseason action has any effect beyond the end of the calendar year in which it is issued.
( b ) *Public comment.* If time allows, NMFS will invite public comment prior to the effective date of any action published in the Federal Register.
( c ) *Availability of data.* The Regional Administrator will compile in aggregate form all data and other information relevant to the action being taken and will make them available for public review upon request. Contact information will be published annually in the Federal Register, posted on the NMFS website, and announced on the telephone hotline.
[61 FR 34572, July 2, 1996, as amended at 78 FR 10559, Feb. 14, 2013; 87 FR 25430, Apr. 29, 2022]
§ 18.123 How the Service will evaluate a request for a Letter of Authorization (LOA). ( a ) We will evaluate each request for an LOA based on the specific activity and the specific geographic location. We will determine whether the level of activity identified in the request exceeds that analyzed by us in considering the number of animals estimated to be taken and evaluating whether there will be a negligible impact on the species or stock and an unmitigable adverse impact on the availability of the species or stock for subsistence uses. If the level of activity is greater, we will reevaluate our findings to determine if those findings continue to be appropriate based on the combined estimated take of the greater level of activity that the applicant has requested and all other activities proposed during the time of the activities in the LOA request. Depending on the results of the evaluation, we may grant the authorization, add further conditions, or deny the authorization.
( b ) In accordance with § 18.27(f)(5), we will make decisions concerning withdrawals of an LOA, either on an individual or class basis, only after notice and opportunity for public comment.
( c ) The requirement for notice and public comment in paragraph (b) of this section will not apply should we determine that an emergency exists that poses a significant risk to the well-being of the species or stocks of polar bears or Pacific walruses.
#### In the Matter of the Claim of GILBERT B. HENDRICKSON, Appellant, *v.*The Estate of DORA DICKSON, Deceased, Respondent.

*Reference of a claim against an estate*— 2 *R. 8.,*89, § 36 — *a claim due to the estate from the claimant may he determined hy the referee.*

_ Where a referee, to whom a disputed claim against an estate has been referred, under the statute, reports to the court that such claim is wholly unfounded, the court may, on the application of the executor, direct the referee to report upon any claim in favor of the estate and against the claimant.

Appeal from an order made at Special Term, directing a referee to find and report as to what, if any, amount was due to the estate of Dora Dickson, deceased, from the claimant, Hendrickson.

*Delavan O. Scovitte,*for the appellant.

*J. 8.*Millard, for the respondent.

Barnard, P. J. :

Gilbert B. Hendrickson presented a claim against the estate- of Dora Dickson, stating his claim to be $646, on which there was *291credited $125. The claim was disputed by the executor, and referred, by consent, under the statute. It appeared, upon the trial, that the entire claim presented was baseless. That it was made out for kindly services which were not designed to be paid for. The referee made a report dismissing the claim. The court, •at Special Term, upon application of the executor, directed the referee to report upon the claim of the estate against Hendrickson, the claimant. The claimant appeals. There seems to be no direct authority upon the question presented. There are no pleadings, which would determine the question. The statute, however,, requires that a claimant may be compelled to make affidavit that' his claim is justly due. “ That no payments have been made thereon, and that there are no off-sets against the same.”

The statute then provides, that if the executor doubts the justice of the claim so presented, he may enter into an agreement “ to refer the matter in controversy.” This seems to send, to the referee, not only the claim, but also payments and off-sets to it. If the claimant is right in his position that the claim only is-referred, there could be no off-sets. The statute, however, expressly makes a claim to be such a sum as remains over and above payments and off-sets. The reference thus includes power to establish off-sets, at least, to the extinguishment of the claim. The statute further provides, that the referee shall have the same powers as if the action was an action at law, and that the judgment be as valid, in all respect, as if commenced by ordinary process. It-thus appears that the matter referred includes off-sets; that the referee and court have full power to give judgment in'the matter, as if actions were in the Supreme Court. The Legislature have-always endeavored to prevent a multiplicity of actions, and it-would have limited the referee’s powers if, after giving him the-power to pass upon off-sets against a claim, he could not report irt favor of an estate when the off-set was larger than, the claim.

Order affirmed, with costs and disbursements.

Pkatt, J., concurred ; Dtkman, J., not sitting.

Order affirmed, with costs.